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United States Government Medicine The Courts

America's Top Court Strikes Down Covid-19 Restriction On Religious Groups (cnn.com) 465

DevNull127 writes: Earlier this year the governor's order had "restricted the size of religious gatherings in certain areas of New York where infection rates were climbing," reports the New York Times. But Wednesday night (in a close 5 to 4 decision) America's highest court ruled against the governor — and in favor of two religious organizations challenging him.

"[T]hey tell us without contradiction that they have complied with all public health guidance, have implemented additional precautionary measures, and have operated at 25% or 33% capacity for months without a single outbreak," the ruling points out.

CNN notes that the court's majority believed that the governor's enjoined regulations were "'far more restrictive than any Covid-related regulations that have previously come before the court, much tighter than those adopted by many other jurisdictions hard hit by the pandemic, and far more severe than has been shown to be required to prevent the spread of the virus' at the religious services in question."

The Times concludes that "If unconstrained religious observance and public safety were sometimes at odds, as the governor and other public officials maintained, the court ruled that religious freedom should win out."
Jeffrey D. Sachs, a professor and director of the Center for Sustainable Development at Columbia University, argues the court's ruling "proved the dangers of scientifically illiterate judges overturning government decisions that were based on scientific evidence."
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America's Top Court Strikes Down Covid-19 Restriction On Religious Groups

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  • by BAReFO0t ( 6240524 ) on Saturday November 28, 2020 @10:43AM (#60772888)

    Welcome back my beautiful old friend!

    • Unfortunately, no. This simply accelerates the spread of the virus through the population endangering everyone, and forcing the entire population not wishing to suffer the effects of the virus in themselves to lock themselves down.

      It is not like only the people going to the churches risk illness and death.

      • by sid crimson ( 46823 ) on Saturday November 28, 2020 @11:10AM (#60773002)

        It is not like only the people going to the churches risk illness and death.

        True!
        Shoppers...
        Protesters...
        Rioters...

        Perhaps the churchgoers just want to be on a level playing field. Being told they cannot meet while neighboring groups are specifically allowed seems a tad unfair. The SCOTUS seems to agree.

        • Re: (Score:3, Insightful)

          by GameboyRMH ( 1153867 )

          How many of those other groups are packing themselves tightly into indoor environments and singing? The nature of these worship activities makes them objectively more dangerous, and the restrictions in response were reasonable and evidence-based.

          When I first heard of religious groups pushing back against these restrictions on worship activities, I thought that if the government actually wanted to genocide them, all they'd need to do is give them exactly what they want. And now a conservative supreme court h

    • If it were just natural selection it would be okay. But at this point it is someone putting their imaginary friend before the health of others. If the virus killed instantly and didn't spread I'd even suggest they go back to all drinking communally from the same cup and having the same person touch everyone's face in the crowd.

  • It isn't even news for nerds either.
  • by dgatwood ( 11270 ) on Saturday November 28, 2020 @10:56AM (#60772954) Homepage Journal

    The New York regulations were *severely* scientifically flawed as written, and the court was entirely justified in shooting them down. In particular:

    • The 10 number was too large for indoor worship; it should have been a maximum of 10 staff/worship leaders for live streaming only, with zero members of the public. By contrast, the 25 number was comically too small to be useful for reasons described in the next point.
    • Unlike other states' rules, New York's rules did not take into consideration the size of the venue, which results in absurd situations, such as St. Patrick's Cathedral in Manhattan giving over 3,000 square feet per person even at the 25 level. That's 3.5 times as big as the average New York City apartment.
    • The law foolishly did not distinguish between indoor worship and outdoor worship, and applied the exact same 10- and 25-person maxima even outdoors, without regards to distance between people, etc.

    That last one is a show-stopper. There is zero scientific support whatsoever for saying that an eleventh person attending an outdoor worship service with ten or twenty feet between family groups poses any risk of spreading coronavirus, much less enough of a risk to be justification for violating someone's first-amendment rights. Yet that's effectively what New York's rules said.

    New York's rules weren't just a little bit over the line. They were so ridiculously far over the line of unconstitutionality that you couldn't see the line behind you when standing next to them. And I say that as someone who in all of the court's history has never agreed with the conservative side of the court before. This should have been a 9-0 open-and-shut case. I'm embarrassed that the liberal side of the court chose to defend such clearly unconstitutional and unreasonable rules.

    • by hawk ( 1151 ) <hawk@eyry.org> on Saturday November 28, 2020 @01:35PM (#60773594) Journal

      I am a lawyer, but there is no legal advice to be found in this post. If you need that, pay my retainer.

      The big problem in most of the coverage of the decision is the misguided notion that the *court* should be relying on science. It absolutely, utterly, should not.

      The court should be relying on the law, and does not get to decide for itself what is "best," nor how to interpret it.

      The court got it right here: it didn't make scientific findings itself, but rather found that the challenged rules failed to rationally apply the science.

      *This* is the basis for judicial review in a free society, not getting to the "best result".

      Often reasonable and rational people could differ as to the best choice or meaning of the data. In that case, there is no role for the court (as long as one of the rational choices is made, that is--if with three rational choices the administrator chose an irrational fourth choice, the court strikes the choice and sends it back; it doesn't choose one of the other three).

      It is further complicated in this case by being a federal court reviewing a state action. If a state has rights *not* found in federal jurisprudence (e.g., california's jury trial for all misdemeanors), the federal courts will generally have no jurisdiction in challenging actions regarding them. Rather, for federal court involvement, the state action has to impede impermissibly on a federal right, as was the case here.

      hawk, esq.

      • The big problem in most of the coverage of the decision is the misguided notion that the *court* should be relying on science. It absolutely, utterly, should not.

        The court should be relying on the law, and does not get to decide for itself what is "best," nor how to interpret it.

        Correct. Which is why Brown v. Board of Education should have outlawed segregated schools based on the 14th Amendment, as opposed to citing psychological studies on the harms of segregation.

        • by hawk ( 1151 )

          Absolutely.

          The *manner* in which Brown came down is problematic itself (as well as undercutting itself).

  • So the ruling came down that, because waaay to many people were considered essential and not shut down, religious gatherings shouldn’t be shut down either. All while the only reason the US needs these measures again is because there was no national plan and not early enough compliance with basic safety measures like masks and social distancing in the first place.

    Whelp, nothing we can do now except hand out printed versions of the ruling to coronavirus letting it know that it can’t threaten li
    • by PPH ( 736903 ) on Saturday November 28, 2020 @11:03AM (#60772988)

      If weed shops are considered essential, then why aren't churches?

      • If weed shops are considered essential, then why aren't churches?

        Inquiring minds want to know!

      • If weed shops are considered essential, then why aren't churches?

        If America had an actual shutdown for everyone for a month (not just those who deemed themselves unessential) and imposed a two week quarantine on all international travelers, we would have almost completely stamped out the virus like half the world including third world countries were able to do. Hell, all Japan did was people actually all wore masks and social distanced and are vastly beating American numbers per capita.

      • They are considered essential because in most states its "medicinal".

    • No, that's not what it said. It said the rules didn't make any damn sense, and they didn't.
      • That is what it said. Part of the reason the court gave for the injunctive relief granted was by comparing status to essential businesses.
    • So the ruling came down that, because waaay to many people were considered essential and not shut down, religious gatherings shouldn’t be shut down either. All while the only reason the US needs these measures again is because there was no national plan and not early enough compliance with basic safety measures like masks and social distancing in the first place.

      Whelp, nothing we can do now except hand out printed versions of the ruling to coronavirus letting it know that it can’t threaten lives by religious affiliation before a tragic and fatal misunderstanding occurs.

      It's not merely a matter of "way too many people being considered essential".

      Throughout this post, people are suggesting that churches are a problem because they attract people... "too many people" if I read between the lines correctly.

      Where was the outrage when the politicians declared "churches cannot meet"? It didn't happen. But the outrage did appear when the politicians said "cancel Thanksgiving." SMH.

  • by DeplorableCodeMonkey ( 4828467 ) on Saturday November 28, 2020 @11:11AM (#60773004)

    Jeffrey D. Sachs, a professor and director of the Center for Sustainable Development at Columbia University, argues the court's ruling "proved the dangers of scientifically illiterate judges overturning government decisions that were based on scientific evidence."

    And this proves the danger of allowing some asshole in academia who is "law illiterate" to make policy. The 1A doesn't allow for these draconian restrictions. Are the people often being foolish? Yes, and I say that as a conservative Christian who has stayed home, wears a mask, etc.** and I'm also at an elevated risk due to having an autoimmune disease.

    Public health "experts" were also taking stands refusing to denounce the riots and protests over the summer. In fact, there was a lot of "don't you dare use this to justify not listening to us" added to them supporting the protesters. Oddly enough, the Supreme Court actually noticed all of this and basically said "yeah, no, this is not a Level 4 bio hazard, and you people clearly are jokers."

    ** No, I'm not a unicorn too, but that's for asking.

    • Yes, and I say that as a conservative Christian who has stayed home, wears a mask, etc.

      Are you a unicorn?

      No, I'm not a unicorn too, but that's for asking.

      I should have kept reading... I'm sorry about that.

    • The 1A doesn't allow for these draconian restrictions.

      What does "1A" have to do with public health measures?

  • The Pope has made statements in favor of distancing, yet, here are his representatives, his bishops, suing for the right to ignore distancing orders.

    The Pope needs to take a more hands-on approach to US bishops. Perhaps, had he done this, the church might not be paying out so much in settlements for the various abuse claims.

  • by superwiz ( 655733 ) on Saturday November 28, 2020 @11:12AM (#60773012) Journal
    Right. So that's not the same as a historian. The people who wrote the Constitution did know about epidemics. It is almost certain that they were more cognizant of epidemics' effects on society. And yet they wrote the law the way they wrote it. Calling judges "ignorant" is nothing but a slur coming from this "director of the center for sustainable development."
    • No they didn't. That was the time when people thought illnesses were either humour imbalances, or the result of bad air or a curse. Neither Louis Pasteur nor Robert Koch have been born yet at that time.

  • Misleading summary (Score:3, Informative)

    by Whateverthisis ( 7004192 ) on Saturday November 28, 2020 @11:19AM (#60773046)
    The news around this is cherry picking statements from the ruling to create a narrative that the court is swinging anti-science. That's not true at all. If we're going to cherry pick quotes, let's cherry pick the other direction:

    "In a red zone, while a synagogue or church may not admit more than 10 persons, businesses categorized as “essential” may admit as many people as they wish. And the list of “essential” businesses includes things such as acupuncture facilities, camp grounds, garages, as well as many whose services are not limited to those that can be regarded as essential, such as all plants manufacturing chemicals and microelectronics and all transportation facilities." Page 3 of the ruling.

    "Almost all of the 26 Diocese churches immediately affected by the Executive Order can seat at least 500 people, about 14 can accommodate at least 700, and 2 can seat over 1,000. Similarly, Agudath Israel of Kew Garden Hills can seat up to 400. It is hard to believe that admitting more than 10 people to a 1,000–seat church or 400–seat synagogue would create a more serious health risk than the many other activities that the State allows."

    Most of the news ignores this context, but when you read the whole thing it looks more like pushing the city to re-consider it's essential vs. non-essential businesses and to apply regulations in a fair way. In times like this people need mental and emotional and spiritual support not just health support; why should an acupuncture clinic be allowed to admit 25 or 50 people when a 1,000 person church can only admit 10?

    This looks a lot more like applying fair standards across the board to me rather than religion vs. science.

    Let's take this statement here too:

    "Finally, it has not been shown that granting the applications will harm the public. As noted, the State has not claimed that attendance at the applicants’ services has resulted in the spread of the disease. And the State has not shown that public health would be imperiled if less restrictive measures were imposed."

    There's a lot of attempts to contextualize this as right-leaning ruling from the court, but that statement eliminates that. A court case is decided solely on the merits of the arguments presented in the court. That statement says the applicants claimed they were harmed and presented evidence as such, and the State in the Defense failed to argue that the restrictions on religious services slowed the spread in any way, particularly given that they allow larger gatherings in other cases and those did not show any spread. So it's not a dictatorial ruling, rather it's a failure of the Defense to present a meaningful argument supporting the challenged regulations. Blame the Defense for being under prepared, not the court.

    • I must admit I have been a bit unscientific in my opinions about the seating limits in churches here too. Massive air volumes due to high roofs, only filled for an hour or so ... yet people density needs to be two orders of magnitude less than a supermarket with vastly inferior ventilation.

      Damn my unscientific mind.

    • by Frobnicator ( 565869 ) on Saturday November 28, 2020 @11:50AM (#60773180) Journal

      Agreed, this isn't a religion-versus-science issue at all. This is a consistency issue. Various headlines write it that way, but their bias is showing.

      In New York's case, religious buildings in red and orange zones were limited to 10 people or 25 people maximum. Non-religious buildings were limited to 25% and 50% capacity. That is inconsistent.

      If there was evidence that one type of building had different transmission rates that would have been different, but there was no apparent evidence nor justification, merely that the building served a religious purpose so it was given a tight restriction. Since their was no other factor other than it being a religious building, this is de-facto religious discrimination, which is illegal in this country.

      If both religious and non-religious were limited to the same rates it wouldn't be a problem. SCOTUS got this right.

  • by inhuman_4 ( 1294516 ) on Saturday November 28, 2020 @11:40AM (#60773136)

    What bunch of bullshit hot takes from CNN and The Times.

    The Times concludes that "If unconstrained religious observance and public safety were sometimes at odds, as the governor and other public officials maintained, the court ruled that religious freedom should win out."

    No you fucking assholes. His rules were overturned because they “single out houses of worship for especially harsh treatment.”. You can't arbitrarily discriminated against religious groups, that is unconstitutional. The governor limited religious services to 10 or 25 people, but private businesses were limited based on the occupancy limits of their building. So a giant cathedral with an occupancy limit of 700 was only allowed 25 people, the same as some private businesses with a capacity limit of 50. Worst of all they knew they were in the wrong, which is why they changed the rules before it got to the supreme court. This ruling won't change existing COVID restrictions in New York, it was pushed to the supreme court so they could get a ruling blocking other states from pulling the same crap.

    The idiot they should be going after is Sotomayor with this nonsense [bloomberg.com]:

    In a separate dissent, Justice Sonia Sotomayor said New York actually was giving houses of worship “preferential treatment” relative to comparable secular activities like movies and spectator sports.

    So religious beliefs are important enough that they are protected by the first amendment, and even private businesses can't discriminate based on religion. But according to Sotomayor they belong in the same category as spectator sports.

    • they changed the rules before it got to the supreme court. This ruling won't change existing COVID restrictions in New York,

      So the the conservative justices on the supreme court are just virtue signaling and should have just stayed out of it.

      Your last point is nonsense. Generally from an epidemiological standpoint, church services and spectator sports have a lot in common. By pretending that isn't true you just show your prejudice.

      • by inhuman_4 ( 1294516 ) on Saturday November 28, 2020 @04:30PM (#60774186)

        So the the conservative justices on the supreme court are just virtue signaling and should have just stayed out of it.

        No the governor's office should have conceded once they realized they were wrong. It should never have gone to the supreme court, it should never have gone to any court. They were just being stubborn jackasses.

        Your last point is nonsense. Generally from an epidemiological standpoint, church services and spectator sports have a lot in common. By pretending that isn't true you just show your prejudice.

        Which is completely irrelevant. The government derives it's authority from the constitution, and the bill of rights puts strict limits on those powers. The government can be 100% completely and totally correct scientifically, doesn't matter. The government's authority doesn't come from being scientifically correct, it comes from the constitution. And the first amendment is very clear that certain rights like freedom of speech, freedom of the press, and freedom of religion shall not be infringed. From a legal standpoint spectator sports and religion at not alike at all. When the governor tried to single out religious services for stricter measures than private business he was trying to exercise authority that constitution explicitly states he does not have.

        The only virtue signalling here was from the usual gang of activist judges who think that government authority is based, not on constitution and it's amendments, but on what they feel like granting it on that particular day.

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